A tattoo artist in Parker County, Texas received one year probation after tattooing a minor. Sometimes, even people meaning well can commit a criminal offense. In general, minors cannot get tattoos. There are a couple of exceptions. Many people would think that a parent can consent for a child to get a tattoo. That is only partially true.
What are the rules?
A parent or guardian can only consent in four circumstances. First, the child has an existing tattoo has obscene or offensive language or symbols. Second, the child has a tattoo with gang symbols, markings or names. Third, the child has a tattoo with drugs related names, symbols, or pictures. Finally, there is a tattoo on the child the parent or a court determines covering-up the tattoo is in the child’s best interest.
There are a number of hoops a parent has to jump through before the child can get a tattoo. The parent has to be present and execute an affidavit
Unfortunately, for the tattoo artist in Parker County, he mistakenly believed the parent’s authorization was sufficient prior to tattooing a minor.
There is a huge risk in tattooing a minor. This offense is a Class B misdemeanor. It is punishable by up to 6 months in jail and a fine up to $2,000.00.
What do tattoo artists have to do?
Tattoo artists should always ask for identification from their clients. Clients who present false identity documents or claim to be over 18 years of age commit a crime. If the tattoo artist has any concerns, it is better to err on the side of caution than risk tattooing a minor. Tattoo artists need to keep complete in accurate records. These records need to comply fully with the Texas Administrative Code. Records of this type would be valuable to rebut any accusation.
